Are you being harassed by debt collectors?
Are your utilities shut off?
Are you behind on your monthly bills?
Are your wages being garnished?
Are you behind on your mortgage payments?
Are you being sued?
If you have answered yes to any of these questions then bankruptcy may be the answer for you. Take the step toward financial freedom and contact us now. This is a business decision that should not be looked down upon. We understand the hardest part is making that first call.
WE DO NOT HAVE LAWYER EGOS. WE BRING BACK THE FRIENDLY HUMAN SIDE WHICH IS LACKING IN TODAY’S SOCIETY; KINDNESS, RESPECT, AND UNDERSTANDING. WE TREAT OUR CLIENTS LIKE THEY ARE OUR NEIGHBORS.
Chapter 7 (Straight Bankruptcy)
In a case under a Syracuse chapter 7 bankruptcy, you file a petition asking the court to discharge your debts. The basic idea in a chapter 7 bankruptcy is to wipe out (discharge) your debts in exchange for your giving up property, except for exempt property which the law allows you to keep. In most cases, all your property will be exempt. But property which is not exempt is sold, with the money distributed to creditors.
If you want to keep property like a home or a car, you need to be current or as close to current as possible before filing. We can give you bankruptcy advice in Syracuse if you are currently in a loan modification trial period to discuss when you should file Chapter 7.
If your income is above the median family income in your state, you may have to file a chapter 13 case. Contact us so we can discuss what goes in qualifying you for bankruptcy. Higher-income consumers must fill out means test forms requiring detailed information about their income and expenses. If most of your debt is business related we may be able to bypass the income restriction to filing Chapter 7 bankruptcy.
A decision to file Bankruptcy should be made only after determining that bankruptcy is the best way to deal with your financial problems. You do this by sitting down during a FREE consultation at our office. We will discuss what bankruptcy is, if you qualify, the pros and cons of filing bankruptcy, what it will do for you, and ALL the options you have even if ultimately it is not bankruptcy.
People who would genuinely benefit from filing bankruptcy in Syracuse sometimes don’t take the opportunity because of the misinformation from friends and family that warn them they will lose everything they have and their credit will be ruined forever. The opposite is true. Most people do not lose property in a bankruptcy. And generally within a few months after filing bankruptcy, credit card offers will start arriving again in the mail.
There have been many news reports suggesting that changes to the bankruptcy law passed by Congress in 2005 prevent many individuals from filing bankruptcy. It is true that these changes have made the process more complicated. But the basic right to file bankruptcy and most of the benefits of bankruptcy remain the same for most individuals.
What is Bankruptcy?
Bankruptcy is a legal proceeding in which a person whom cannot pay his or her bills can get a fresh start. The right to file for bankruptcy is provided by federal law, and all bankruptcy cases are handled in federal court. Filing bankruptcy immediately stops all your creditors from seeking to collect debts from you, at least until your debts are sorted out according to the law.
In the United States of America, our founding fathers recognized the importance of bankruptcy. The United States Constitution (Article 1, Section 8, Clause 4) authorizes Congress to enact “uniform Laws on the subject of Bankruptcies throughout the United States.” The bankruptcy Code of Laws and Procedures we have today, instituted by our federal government, provides relief for overburdened debtors.
Bankruptcy contemplates the “forgiveness” of debt and has its roots in the Bible. Under U.S. law, a debtor may only receive a discharge of debts in a Chapter 7 bankruptcy once every eight (8) years. Under Biblical law, the release of debts came at the end of seven (7) years.
“At the end of every seven years you shall grant a release of debts. And this is the form of the release: Every creditor who has lent anything to his neighbor shall release it; he shall not require it of his neighbor or his brother, because it is called the LORD’s release” (Deuteronomy 15:1-2).
The Bankruptcy Code was created to give debtors a fresh start in life. It is my job to explain what it may do for you.
What Can Bankruptcy Do for Me?
A BANKRUPTCY may make it possible for you to:
Eliminate the legal obligation to pay most or all your debts. This is called a discharge of debts. It is designed to give you a fresh financial start.
Stop foreclosure on your house or mobile home and allow you an opportunity to catch up on missed payments. (Bankruptcy does not however, automatically eliminate mortgages and other liens on your property without payment.)
Prevent repossession of a car or other property, or force the creditor to return property even after it has been repossessed.
Stop wage garnishment, debt collection harassment, and similar creditor actions to collect a debt.
Restore or prevent termination of utility service.
Allow you to challenge the claims of creditors who have committed fraud or who are otherwise trying to collect more than you in fact owe.
What Bankruptcy Can Not Do
Bankruptcy cannot, however, cure every financial problem. In bankruptcy, it is usually not possible to:
Eliminate certain rights of secured creditors. A creditor is secured if it has taken a mortgage or other lien on property as collateral for a loan. Common examples are car loans and home mortgages. You can force secured creditors to take payments over time in the bankruptcy process and bankruptcy can eliminate your obligation to pay any additional money on the debt if you decide to give back the property. But generally as long as you keep paying for your secured property (house, car) you can keep it.
Discharge types of debts singled out by the bankruptcy law for special treatment, such as child support, alimony, most student loans, court restitution orders, criminal fines, and most taxes.
Protect cosigners on your debts. When a relative or friend has co-signed a loan, and the consumer discharges the loan in bankruptcy, the cosigner may still have to repay all or part of the loan.
Discharge debts that arise after the bankruptcy has been filed.
What Different Types of Bankruptcy Cases Should I Consider?
There are four common types of bankruptcy cases provided under the law:
Chapter 7 is known as straight bankruptcy or liquidation. It requires an individual to give up property which is not exempt under the law, so the property can be sold to pay creditors. New York has generous exemption laws. Generally, those who file chapter 7 keep all their property except in certain situations which can be explained more in depth during a free consultation.
Chapter 11, known as reorganization, is used by businesses and a few individuals whose debts are very large.
Chapter 12 is reserved for family farmers and fishermen.
Chapter 13 is a type of reorganization used by individuals to pay all or a portion of their debts over a period of years using their current income.
Most people filing a personal bankruptcy will want to file under either chapter 7 or 13. Either type of case may be filed individually or by a married couple filing jointly. Remember, you do not have to have file bankruptcy with your spouse.
What Does It Cost to File for Bankruptcy?
There is a court filing fee of $335 to file for bankruptcy under chapter 7 and $310 to file for bankruptcy under chapter 13, whether for one person or a married couple. If you hire an attorney you will also have to pay the attorney fees you agree to.
I make certain my fees are lower than most of my competitors. Our firm believes in providing high quality service at an excellent value. Value is not what usually comes to mind when you think of bankruptcy. In this economy, however, the cost of a bankruptcy is extremely important and you want to be with the most competent attorney and law firm at the lowest price you can find to help you file a Chapter 7 or 13 bankruptcy in Syracuse. Keep in mind though, do not get hung up on finding the lowest rates possible. There are many attorneys that may have not filed one bankruptcy case before they meet with you. Ask them how many filed bankruptcy cases are reported in PACER under their account as this is public record. He or she will immediately know that you are well informed and will most likely tell you the truth. In our office and while you are represented, your eyes will be open through the whole process. This is what we strive to deliver to you and your family.
What Must I Do Before Filing Bankruptcy?
You must receive budget and credit counseling from an approved credit counseling agency within 180 days before your bankruptcy case is filed. The agency will review possible options available to you in credit counseling and assist you in reviewing your budget. If you decide to file bankruptcy, you must have a certificate from the agency showing that you received the counseling before your bankruptcy case was filed. It can be done over the internet or telephone and takes approximately 40 minutes.
What Property Can I Keep?
In a chapter 7 case, you can keep all property which the law says is exempt from the claims of creditors. New York has liberal bankruptcy exemptions.
In determining if property is exempt, you must keep a few things in mind. The value of property is not the amount you paid for it, but what it is worth when your bankruptcy case is filed. Especially for furniture and cars, this may be a great deal less than what you paid or what it would cost to buy a replacement. Unless you are a high profile public figure, most likely no one will be going to your house to determine the value of your belongings.
You also only need to look at your equity in property. That means you count your exemptions against the full value minus any money that you owe on mortgages or liens. For example, if you own a $50,000 house with a $40,000 mortgage, you have only $10,000 in equity. You can fully protect the $50,000 home with a $10,000 exemption.
While your exemptions allow you to keep property even in a chapter 7 case, your exemptions do not make any difference to the right of a mortgage holder or car loan creditor to take the property to cover the debt if you are behind. In a chapter 13 case, you can keep all your property if your plan meets the requirements of the bankruptcy law. In most cases you will have to pay the mortgages or liens as you would if you did not file bankruptcy.
What Will Happen to My Home and Car If I File Bankruptcy?
In most cases you will not lose your home or car during your bankruptcy case as long as your equity in the property is fully exempt. Even if your property is not fully exempt, you will be able to keep it, if you pay its non-exempt value to the trustee in a “buyback”. Most trustees will allow you time to pay back your non-exempt value.
However, some of your creditors may have a security interest in your home, automobile, or other personal property. This means that you gave that creditor a mortgage on the home or put your other property up as collateral for the debt. Bankruptcy does not make these security interests go away. If you do not make your payments on that debt, the creditor may be able to take and sell the home or the property, during or after the bankruptcy case.
In a Syracuse bankruptcy case, you may be able to keep certain secured property by paying the creditor the value of the property rather than the full amount owed on the debt. Or you can use chapter 13 to catch up on back payments and get current on the loan.
There are also several ways that you can keep collateral or mortgaged property after you file a chapter 7 bankruptcy in Syracuse. You can agree to keep making your payments on the debt until it is paid in full. Or you can pay the creditor the amount that the property you want to keep is worth. In some cases involving fraud or other improper conduct by the creditor, you may be able to challenge the debt. If you put up your household goods as collateral for a loan, (other than a loan to purchase the goods) you can usually keep your property without making any more payments on that debt.
Can I Own Anything After Bankruptcy?
Yes! Many people believe they cannot own anything for a period after filing for bankruptcy. This is not true. You can keep your exempt property and anything you obtain after the bankruptcy is filed. However, if you receive an inheritance, a property settlement, or life insurance benefits within six months (180 days) after filing for bankruptcy, that money or property may have to be paid to your creditors if the property or money is not exempt.
Will Bankruptcy Wipe Out All My Debts?
Yes, with some exceptions. Bankruptcy will not normally wipe out:
Money owed for child support or alimony
Most fines and penalties owed to government agencies
Most taxes and debts incurred to pay taxes which cannot be discharged
Student loans, unless you can prove to the court that repaying them will be an undue hardship
Debts not listed on your bankruptcy petition
Loans you acquired by knowingly giving false information to a creditor, who reasonably relied on it in making you the loan
Debts resulting from willful and malicious harm
Debts incurred by driving while intoxicated
Mortgages and other liens which are not paid in the bankruptcy case (but bankruptcy will wipe out your obligation to pay any additional money if the property is sold by the creditor).
Will I Have to Go to Court?
In most bankruptcy cases, you only have to go to a proceeding called the 341 meeting of creditors to meet with the bankruptcy trustee and any creditor who chooses to come. Most of the time, this meeting will be a short and simple procedure where you are asked a few questions about your bankruptcy forms and your financial situation. Read About It Here.
Occasionally, if complications arise, or if you choose to dispute a debt, you may have to appear at a hearing. If you need to go to court, you will receive notice of the court date and time from the court and/or from your attorney.
What Else Must I Do to Complete My Case?
After your case is filed, you must complete an approved course in personal finances. This course will take approximately two hours to complete. Many of the course providers give you a choice to take the course in-person at a designated location, over the Internet (usually by watching a video), or over the telephone. We will provide you with all the necessary information.
Will Bankruptcy Affect My Credit?
Great question! One of the biggest misconceptions about bankruptcy is that it will ruin your credit forever. That is false. Our emphasis is in credit. Face it. Without a good credit score, it is hard to be approved for anything. Most people come to our office with bad credit to begin with. Bankruptcy may actually IMPROVE your credit because your debt to income ratio will improve since most debts will be wiped out. It is not uncommon to see a jump of 70 to 100 points in your credit score because you filed bankruptcy!
Why Don't I Just Hire a Debt Settlement Firm? How about Credit Consolidation?
Over half of the people I meet that come in for a FREE consultation tell me how they were ripped off by a debt settlement company. The fact that there are no laws that regulate this industry has caused this predatory field to rule the airwaves of television and radio trying to sell you on their “services” and to avoid bankruptcy. I even saw a commercial that had President Obama in their advertisement to fool consumers that he was associated with it. When you realize how the debt settlement business model works, it is usually too late. These predatory companies take their fees upfront which is usually 15 to 25% of your total debt. That is outrageous. A major debt settlement firm was recently sued by the New York Attorney General.
After about 6 months into the program after not paying your debts and instead paying their fees, most people call bankruptcy attorneys for help when they realize nothing is happening. When you ask for your money back, they tell you their fees are non refundable and you realize you are out $3,000 to $4,000. Moreover, many creditors such as Bank of America or Chase do not take debt settlement firms seriously. Most creditors will continue to call and harass you. There are also tax implications to settling debt for less than the full amount (you will receive a 1099 MISC Income at tax time) which is never mentioned to potential debt settlement clients. Remember, these predatory companies want you to think bankruptcy is the worst thing you can do because if you file a Chapter 7 bankruptcy in Syracuse, it is game over. No More Debt.
Credit consolidation companies like to mention they are non-profit. Make no mistake about it. Part of your payments every month is a fee charged to you for perhaps 3 to 4 years. Your credit will in most cases improve dramatically faster if you file bankruptcy and wipe away your debt after 4 months in a Chapter 7 bankruptcy in Syracuse rather than being stuck in a payment plan for up to 5 years (which states “Managed by Debt Counseling” in your credit report). However, if your debt is below $10,000, a reputable credit consolidation organization may help you obtain lower interest rates. On the other hand, if your debt is unmanageable, credit consolidation companies should be recommending bankruptcy as the best option to resolve your financial situation.
What Else Should I Know?
Utility services: Public utilities, such as the electric company, cannot refuse or cut off service because you have filed for personal bankruptcy. However, the utility can require a deposit for future service and you do have to pay bills which arise after bankruptcy is filed.
Discrimination: An employer or government agency cannot discriminate against you because you have filed for bankruptcy. Government agencies involved in student loan programs also cannot discriminate against you based on a bankruptcy filing.
Driver’s license: If you lost your license solely because you could not pay court-ordered damages caused in an accident, bankruptcy will allow you to get your license back.
Co-signers: If someone has co-signed a loan with you and you file for bankruptcy, the co-signer may have to pay your debt. If you file under chapter 13, you may be able to protect co-signers, depending upon the terms of your chapter 13 plan.
Can I File Bankruptcy without an Attorney?
Sure. You can also remove a tooth without a dentist or clean your own septic tank. Although it may be possible for some people to file a bankruptcy case without an attorney, it is not a step to be taken lightly. The process is difficult and you may lose property or other rights if you do not know the law. It takes patience and careful preparation. Chapter 7 (straight bankruptcy) cases have exemption rules and requirements that have to be prepared to benefit your particular set of circumstances. Very few people have been able to successfully file Chapter 13 (reorganization) cases on their own. If you decide to obtain more information or advice regarding a Syracuse, Cortland, Auburn, Oswego or Central New York personal bankruptcy, allow me the opportunity to help you in this difficult time. Thank you for your consideration.
Remember: The law often changes. Each case is different. This is meant to give you general information and not to give you specific legal advice.
Why Go with The Law Offices of Russell S. Simonetta?
As with any area of the law, it is important to carefully select a bankruptcy attorney who will respond to your personal situation. The attorney should not be too busy to meet with you individually and to answer questions as necessary. I personally meet with you during the FREE initial consultation. After hiring our firm, clients are grateful for the attentive caring customer service they receive.
If you call our office you will be greeted with a live person who will make sure your needs are met. Go ahead and try us now. We try to respond to all calls from clients the same day. It is our job to provide them the highest level of customer service and that includes returned phone calls the very same day.
The hearing that you are required to attend during the bankruptcy process creates anxiety for many of my clients. I WILL PERSONALLY ATTEND YOUR MEETING WITH CREDITORS. Most attorneys will have a local attorney “cover” your meeting. In fairness, this is not too imply they do not care about your hearing with the Trustee. Attorneys realize that it is a 5 to 10 minute meeting that is usually routine and not a cause for concern.
At The Law Offices of Russell S. Simonetta, we will attend your “341 Meeting with Creditors”. This is a very frightening time for our clients. I know the stress associated with the process and strive to make you as comfortable and at ease as possible.
At our firm, we provide an additional service to our clients: We will, upon intake and retainer, accept calls upon your behalf from creditors, collection agencies, and debt collection law firms that are harassing you. This should immediately end the stress and anxiety that many of our clients face on a daily basis.
Remember, in bankruptcy, as in all areas of life, that the person advertising the cheapest rate is not necessarily the best. You may see ads for document preparation services also known as typing services or paralegal services, involving non-lawyers who offer to prepare bankruptcy forms for a fee. Problems with these services often arise because non-lawyers cannot offer advice on bankruptcy cases and they offer no services once a bankruptcy case has begun. There are also many shady operators in this field, who give bad advice and defraud consumers.
When first meeting a Syracuse bankruptcy attorney, you should be prepared to answer the following questions:
What types of debt are causing you the most trouble?
What are your significant assets?
How did your debts arise and are they secured?
Is any action about to occur to foreclose or repossess property, to attach your wages or bank account, or to shut off utility service?
• What are your goals in filing the case?
Contact Us Today
We will guide you in making the best decision for you and your family
Federal Law requires that I provide you with the following notice: “We are a debt relief agency. We help people file for bankruptcy relief under the Bankruptcy Code.”